Is the technology that has been publicly published abroad before the application date but not publicly used in China an existing technology? Can you be granted a patent right?

Go upstairs as an expert, but it's wrong. ...

According to the provisions of article 22 of the new patent law on existing technology, it refers to the technology known to the public at home and abroad before the filing date. There is no doubt that the application has been published abroad a few days ago.

The new patent law came into effect on June 10 this year.

Although the provisions of the old law have geographical restrictions, the scope of the existing technology disclosed by the public is global, and only the scope of the existing technology disclosed by use or other means is limited to China. So if you are talking about publishing in the form of a publication, the old method is nothing new.

It's no use talking more. According to the new law, there is no novelty. Even if it is not found out at the time of application, this patent right is unstable and easy to fail …